This agreement is a contract which establishes the rules that cover your electronic access to your accounts at TruPoint Bank (the “Bank”) through Internet Banking. By using the Internet Banking (the “System”), you accept all the terms and conditions of this Agreement. Please read it carefully. The terms and conditions of any and all agreements made with the Bank including, but not limited to, other deposit agreements and disclosures for each of your TruPoint Bank accounts as well as your other agreements, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This agreement is also subject to applicable federal laws and the laws of the State of Virginia.
You will log on with your assigned login ID and temporary password. The System can be used to access only your TruPoint Bank accounts, which you have designated for access, by the system in your Enrollment form. You can add any of your accounts by completing a new Enrollment Form. Access to your accounts through the System will be based upon the identification of users and authority levels specified by you, the accountholder, in your Enrollment Form. We undertake no obligation to monitor transactions through the System to determine that they are made on behalf of the accountholder and the accountholder assumes full and total responsibility for the same.
You can use the System to check the balance of your bank accounts, view bank account histories, transfer funds between your bank accounts, order checks, change your address, sign up for E-Statements, and pay bills from your bank accounts in the amounts and on the dates your request if you have requested the Bill Payment Service. Balance and activity information are available as of 4:00 p.m. (Eastern Standard Time) of the previous business day.
Hours of Access
You can use the System seven days a week, twenty-four hours a day, although some or all System services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the System website.
For security purposes, you are required to change your password upon your initial login to the System. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the System will be locked. To re-establish your authorization to use the System, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your paper or electronic statement for each of your bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. Do not send privileged account information (account number, password, etc.) in any public or general e-mail system. We cannot and do not warrant that all data transfers utilizing the Bank System, or email transmitted to and from us, will not be monitored or read by others and you assume full responsibility for the same.
Fees and Charges
Any fees associated with your account(s) will continue to apply. These fees are listed in our Schedule of Fees and are subject to change. You may contact us toll free at (888) 419-4222 or visit one of our offices for current information about applicable fees. There may be a charge for additional transactions, other optional services and for research requested by you. You agree to pay such charges and authorize the service to charge your account for these amounts and any additional charges that may be incurred by you. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider with your use of the System.
Posting of Transfers
Transfers initiated through the System before 4:00 p.m. on a business day are posted to your account the same day. Transfers completed after 4:00 p.m. on a business day, Saturday, Sunday, or banking holiday will be posted on the next business day. The System identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings Screen in both the Transfer and Bill Pay menu options of the System will not reflect transfers made by multiple users from the same account if different login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers and Other Withdrawals)
If your account has insufficient funds to perform all electronic funds transfers you have requested for a given business day, then:
Limits on Amounts and Frequency of System Transactions
The number of transfers from bank accounts, and the amounts, which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Bill Pay Service
You must designate the bank account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 4:00 p.m. By using the Bill Pay Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft,” or by debiting and remitting funds on your behalf. You also agree that your bill payment will be charged to your Primary Checking Account (or the specific account previously chosen by you). We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. Your bill payment will be deactivated if there is no activity within 2 months.
Scheduling System Payments
If the payee is to be paid by paper check (as indicated on the Bill Pay list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five to eight business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Pay list), you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payee to properly post a payment to your account.
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop an electronic bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared). If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment and the ID number from the Bill Payment View Posting Screen. If you make your stop-payment request by telephone, we may also require you to put your request in the form of a written request and get it to us within 14 days after your call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. Stop-payment charges for Bill Payment drafts will be assessed in addition to the stop-payment charges for the applicable account.
We endeavor to provide you with the highest quality Mobile Internet Banking available. In order to access Mobile Banking you must be an active TruPoint Internet Banking user. You can access Mobile Banking on a mobile device with Short Message Service (SMS) or a Mobile Web Browser as in conjunction with a texting or data plan. There is not a fee to access Mobile Banking however, Text Message charges and/or Mobile Internet Data charges apply. You are responsible for the charges of any wireless service provider while using the service. Contact your mobile service provider for details.
You are responsible for providing your own hardware and software to access the Mobile Banking Service. The hardware and software that you use may be subject to unauthorized tracking or other manipulation by “spyware” or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. We do not guarantee functionality of the Service on all wireless devices.
You agree to take every precaution to ensure the safety, security and integrity of your account(s) and transactions when using Mobile Banking. You agree not to leave your device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree to comply with all applicable laws, rules and regulation in connection with Mobile Banking.
We will use reasonable efforts to make the Mobile Banking Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in internet availability. We will use diligent efforts to re-establish the Service as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with a reasonable notice in advance of that fact.
We reserve the right at all time to take actions to protect our systems and information, including denial of access to users of the Service.
The accounts that you access using Mobile Banking are subject to the terms and conditions of the account agreements for those accounts and the terms and condition for Internet Banking.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require the disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant call to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the System. You agree and herby authorize all of these transfers of information.
You will not receive a separate System statement. Transfers to and from your accounts using the System will appear on the respective periodic paper or electronic statements for your bank accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any System service, increased liability for you, fewer types of available electronic funds transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic funds transfer system. We will post any required notice of the change in terms on the bank system website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject System Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
In Case of Errors or Questions About Your Electronic Transfers, Including Bill Payments
Contact us as soon as you can, if you think your paper or electronic statement is wrong, or if you need more information about a transfer listed on your paper or electronic statement. We must hear from you no later than 60 days after we send the FIRST paper or electronic statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and account number. (2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information. (3) Tell us the dollar amount of the suspected error. (4) If the suspected error relates to a bill payment made via the System Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. If you contact us by telephone or by email, we may require that you send us your complaint or question in written form by postal mail or fax within 10 business days. We will communicate to you the results of our investigation within 10 business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.
If we decide to do this, we will provisionally credit your account within 5 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within 10 business days, we may not provisionally credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions; we will NOT be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your account to make a transfer. (2) If a legal order directs us to prohibit withdrawals from the account. (3) If your account is closed, or if it has been frozen. (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts. (5) If you, or anyone authorized by you, commits any fraud or violates any law or regulation. (6) If any electronic terminal, telecommunication device, or any part of the System electronic funds transfer system is not working properly and you knew about the problem when you started the transfer. (7) If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date and payment amount for the payee on a bill payment. (8) If you have not properly followed the on-screen instructions for using the System. (9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two business days after you learn of the loss, theft, compromise or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within two business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper or electronic statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost through transactions made after the 60 days time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the times.
Disclaimer of Warrant and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of Merchantability or fitness for a particular purpose, in connection with the System Services provided to you under this agreement. We do not and cannot warrant that the System will operate without errors, or that any or all System Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages or by reason of any services or products provided under this Agreement or by reason of your use of or access to the System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of the bank and its affiliates exceed the amounts paid by you for the services provided to you through the System.
Your Right to Terminate
You may cancel your System service at any time by providing us with written notice by postal mail or fax. Your access to the System will be suspended within three business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred before the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit your access to the System Services for any of the following reasons: 1. Without prior notice, if you have insufficient funds in any one of your bank accounts. (The System service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.) 2. Upon three business days’ notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. 3. Upon reasonable notice, for any other reason in our sole discretion. 4. Without prior notice, if you have not accessed your account(s) via the internet banking system within two (2) months.
Communications Between the Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
You can contact us by email at ZixMail, which is a secure email service or email@example.com (Please do not send account number, passwords, etc., through email unless it is encrypted or secure.)
You can contact us by telephone at 276-935-8161 or toll free at (888) 419-4222
You can write to us at: TruPoint Bank, P. O. Box 1010, Grundy, VA 24614
You agree that we can send you emails alerting you to security issues, advertisements, alerts, etc. We value your privacy and you may unsubscribe at any time by contacting TruPoint Bank.
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosure required by law, including electronic funds transfer disclosures, may be made electronically by posting the notice on the Bank System website or by email. You agree to notify us immediately of any change in your email address.